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Regular Meeting
Tuesday, May 9, 1995 - - 7:30 pm

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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, and Lonnie C. Rich.

Absent: Council Member Lois L. Walker.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mr. Neckel, Director of Finance; Ms. Boyd, Director of Citizen Assistance; Mrs. Godwin, Director of Management and Budget; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Chis, Director of Division of Social Services; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Farrell, Child Care Coordinator; Ms. Davis, Director of Office of Housing; Ms. Barton, Travel Promotion Manager; Mr. Whitmore, Director of Emergency Medical Services; Fire Chief Hawkins; Ms. Beidler, Registrar of Voters; Sheriff Dunning; Chief Deputy Sheriff Prokop; Senator Calhoun; and Lieutenant Crawford, Police Department.

Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.



City Council attended the Friends of the Alexandria Mental Health Center Reception in Honor of the Late Dr. Judy Krasnow at 6:30 p.m. in Room 2000.

OPENING

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present except for Council Member Walker.

The Invocation was pronounced by Reverend Gary W. Charles, Pastor, Old Presbyterian Meeting House.

3. THERE BEING NO DISCUSSION, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously by all those present, City Council approved the Minutes of (a) the Special Public Hearing Meeting of April 22, 1995; and (b) the Regular Meeting of April 25, 1995, as submitted. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker absent



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4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council received the report of the City Clerk dated May 2, 1995, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/9/95, and is incorporated herewith as part of this record by reference. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker absent

5 . Presentation of Proclamations by the City Council and the General Assembly Honoring the Late Dr. Judy Krasnow for Her Contribution to the City. (Vice Mayor Donley; City Manager Lawson)

(A copy of the City's proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/9/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously by all those present, City Council endorsed the City's proclamation. The voting was as follows:

Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker absent

6. Presentation of a Proclamation Recognizing the Month of May as National Bike Month.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/9/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker absent

7. Presentation of Proclamation Proclaiming the Week of May 14-20, 1995 National Emergency Medical Services Week in the City of Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/9/95, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried unanimously by all those present, City Council endorsed the proclamation. The voting was as follows:

Cleveland "aye" Donley "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker absent

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

WITHOUT OBJECTION, City Council removed Docket Item Nos. 12 and 14 from the Consent Calendar.

8. Receipt of the Following Resignations from members of Boards, Commissions and Committees:

(Copies of the above resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 8 (a-d); 5/9/95, and is incorporated herewith as part of this record by reference.)

(Material pertaining to this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 9 (a); 5/9/95, and is incorporated herewith as part of this record by reference.)

10. Request to Vacate a Position on the Consumer Affairs Commission.

(A copy of the City Manager's memorandum dated April 21, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/9/95, and is incorporated herewith as part of this record by reference.)

11. Request to Vacate a Position on the Public Health Advisory Commission.

(A copy of the City Manager's memorandum dated April 21, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/9/95, and is incorporated herewith as part of this record by reference.)






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13. Consideration of Application to the Virginia Department of Criminal Justice Services for Interim Funding under the Comprehensive Community Corrections Act and the Pretrial Services Act.

(A copy of the City Manager's memorandum dated May 4, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/9/95, and is incorporated herewith as part of this record by reference.)

16. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE for an encroachment into the public sidewalk right-of-way for a bay window at 118 King Street.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/9/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 5/9/95, and is incorporated herewith as part of this record by reference.)

17. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to implement the authority given the city by the 1995 General Assembly to prohibit the possession of open containers of alcoholic beverages on certain types of private property that are open to the public.

(A copy of the City Attorney's memorandum dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/9/95, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 5/9/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 17; 5/9/95, and is incorporated herewith as part of this record by reference.)

18. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to create an 18-member Alexandria Emergency Medical Services Council.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/9/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 5/9/95, and is incorporated herewith as part of this record by reference.)



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19. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the boundaries of the Patrick Henry School, Landmark Center and Trade Center Election Districts to establish from within those districts a new South Port Election District, to designate the South Port Apartment Complex, at 6112 Edsall Road, as the voting place therein, and to temporarily relocate the voting place for the Agudas Achim Election District to the Parc East Condominium building, at 1225 Martha Custis Drive.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/9/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 5/9/95, and is incorporated herewith as part of this record by reference.)

20. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to include the newly established South Port Election District, or precinct, in the group of precincts which comprise School Board Election District C.

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/9/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 5/9/95, and is incorporated herewith as part of this record by reference.)

21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend sections 11-509 and 11-511 of the Zoning Ordinance by repealing the sunset provisions under which administrative authority to make minor amendments to special use permits expires on March 19, 1995; to amend section 2-154 of the Zoning Ordinance to amend the definition of "height of building"; and to amend section 4-503 of the Zoning Ordinance to add drive-through banks on Washington Street as a use that is allowed in the CD zone pursuant to a special use permit.

(A copy of the ordinance referred to in the above item, of which each member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/9/95, and is incorporated herewith as part of this record by reference.







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A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 5/9/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the consent calendar with the exception of Docket Item Nos. 12 and 14. The City Manager's recommendations are as follows:

8. City Council received the following resignations with regret: (a) Robert B. Ennis from the Alexandria Commission on Aging; (b) Michele Chapman from the Alexandria Early Childhood Commission; (c) Michele Chapman from the Alexandria Economic Opportunities Commission; and (d) Barbara A. Cebuhar from the Alexandria Public Health Advisory Commission; and requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

9. City Council appointed Constance McKenna as a Citizen Member to the Alexandria Commission on Aging.

10. City Council declared the position on the Consumer Affairs Commission vacant and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.

11. City Council declared the position on the Public Health Advisory Commission vacant and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.

13. City Council authorized the City Manager to submit a letter of intent to participate in the Comprehensive Community Corrections Act for local responsible offenders and the Pretrial Services Act, thereby making the City eligible for interim funding for the period July 1, 1995 through September 30, 1995.

16. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 1995.

17. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 1995.

18. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 1995.

19. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 1995.

20. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 1995.







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21. City Council introduced the ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Saturday, May 13, 1995.

The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker absent

12. Consideration of Application to the Virginia Department of Education for Funding under the Virginia Preschool Initiative Program.

(A copy of the City Manager's memorandum dated May 3, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/9/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council authorized the City Manager to: (1) submit a grant application to the Virginia Department of Education for funding, in the amount of $106,920, for the Virginia Preschool Initiative; and (2) execute all necessary documents that may be required. The voting was as follows:

Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker absent

14. Receipt of the Alexandria Community Services Board FY 1994 Annual Report.

(A copy of the City Manager's memorandum dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/9/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council received the Alexandria Community Services Board's FY 1994 Annual Report. The transmittal of this report is not an endorsement or approval of the "wish list" activities not previously approved by City Council. The voting was as follows:

Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker absent





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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

15. Allocation of Funds for Court Security Equipment and Personnel.

(A copy of the City Manager's memorandum dated May 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/9/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council (1) transferred $202,868 from FY 1995 contingent reserves (account #103556-2707) to the Office of the Sheriff (account #102517-1101) to fund, effective June 1, 1995, four full-time Deputy Sheriff positions currently held vacant by the office of the Sheriff, to provide necessary staff to conduct searches of individuals entering the main entrance to the Alexandria Courthouse during business hours. (It should be noted that the City will request that the State consider including these positions on the State Compensation Board report. If approved by the Compensation Board by July 1, 1995, it is estimated that the City would receive compensating revenue of $78,603, thereby making the net impact to the City of filling these positions approximately $105,879); (2) transferred $14,488 from FY 1995 contingent reserves (account #103556-2707) to the Office of Sheriff (account #102517-1101) to approve the addition of one part-time Security Monitor position to the Office of the Sheriff, effective June 1, 1995, who will provide information and assistance to individuals entering the Alexandria Courthouse; and (3) allocated funding, in the amount of $62,400, from the City's FY 1995 - FY 1996 capital budget (account #220418) for the purchase of screening equipment and to fund modifications to the Courthouse lobby, using monies budgeted for other Courthouse improvements that can be deferred. It should be noted that a portion of court filing fees are dedicated to courthouse renovations. As a result, funds are available to offset these capital costs. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
None






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ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Pepper announced that she attended a ribbon cutting ceremony where a presentation of keys and a Certificate of Occupancy were given to a gentleman who lives on Wesmond Drive. She indicated that this was a Christmas in April event. Councilwoman Pepper stated that on April 29, the Alexandria Christmas in April had forty houses that were being renovated; one of them had been condemned. The Carr Companies took this house under their wing. She explained that there has never been a totally condemned house taken over before in all the years that we had Christmas in April. This was a bit of a challenge.

Councilwoman Pepper further explained that the Carr Companies wanted that challenge. They took this house over and totally renovated it. This house took a total of six full days to accomplish this. They did new plumbing, new ceilings, new kitchen, new bathroom, new floors, appliances, cabinets, new hot water heater, new bathroom fixtures and floor, new carpets, new back decks and approximately 15 gallons of paint to paint the whole house.

She expressed special recognition to Robert Carr because it was his Company that sponsored this particular home. This was not just volunteer help that he had. He had to let some of these workers off during work hours in order to get the job done and he had to do that, of course, at his own expense. She tipped Council's hat to Robert Carr for what he has done and to Jonathan Williams who was the house captain and to the Alexandria Christmas in April team leader who was Robert Larson.

She did note that the City Council had its own house on King Street which it worked on with help from the Police Department, Fire Department, the City Manager and a few friends.

Councilwoman Pepper stated that this is just an outstanding program and to anyone who participated in any of the forty houses that were undertaken this year, we really want to thank you.

(b) Council Member Rich commented on the outstanding booklet recently produced by the Alexandria Volunteer Bureau, "Making a Difference: A Youth Guide to Volunteering in Alexandria."

Vice Mayor Donley stated that it really is a good publication for youth volunteer opportunities throughout the City. He stated that he gave it to his fifteen year old because he wants her to get involved and she wants to get involved. He indicated that there will be a Youth Volunteer Day at T.C. Williams High School as well as at the Ninth Grade Center to try to get youth involved in volunteering during the summer as part of their community services requirements and experience. It is a very valuable book.

(c) Councilman Cleveland indicated that he worked at the Christmas in April picnic on April 29. There were so many workers and children that they ran out of food. He encouraged businesses to donate more food next year.

(d) Councilman Cleveland stated that it is really great to be part of the Alexandria Volunteer Bureau. He noted that he and Vice Mayor Donley parked cars for the George Washington Parkway Classic.

(e) Councilman Cleveland encouraged those who came out for the "Fun Fair" at Mt. Vernon School, to come out again this week for "Take a Bite Out of Crime" on Saturday, May 13, 1995, at the Mt. Vernon Recreation Center, from 10:00 a.m. to 3:00 p.m.


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(f) Vice Mayor Donley spoke to the upcoming Alternative Workshops regarding "The Woodrow Wilson Bridge Improvement Study." They will be held on Tuesday, May 23, 1995, from 5:00 p.m. to 9:00 p.m. at the Belle View Elementary School in Fairfax County; Wednesday, May 24, 1995, from 5:00 p.m. to 9:00 p.m. at the Oxon Hill Ramada Hotel in Oxon Hill, Maryland; and Thursday, May 25, 1995, from 5:00 p.m. to 9:00 p.m. at Lyles Crouch Elementary School, Alexandria. He encouraged people to attend one of the workshops to express their opinions and provide their insight on the alternatives.

Mayor Ticer also encouraged persons to attend and stressed that this is an extremely important outreach program. She indicated that the Woodrow Wilson Bridge Study and Design Center is located at 211 North Union Street, Alexandria, Virginia, and stated that people can also drop by there to see the alternatives and to express their opinions.

(g) Councilman Euille noted that the Hopkins House Association will be having its annual banquet on Wednesday, June 14, at the Old Colony Hotel in Alexandria, from 6:30 p.m. until 9:00 p.m. This will be a casual event this year to encourage people and families to attend. It will be entertaining, fun and have a Caribbean theme.

(h) Councilman Euille announced that the Draft Consolidated Plan for Housing and Community Development appears early on the May 13, 1995 Public Hearing Docket. He indicated that a lot of citizens and organizations in this City have expressed an interest in this item. He wanted the persons interested in participating in the item to know that they should be here by 10:00 a.m. and possibly earlier since they need to register with the City Clerk.

(i) Councilman Euille spoke to the Affordable Housing Fair which was a highly successful event on Saturday, April 29. He complimented the staff, committee members along with Vice Mayor Donley for the time and effort put in to not only plan the event, but also to be there from 9:30 a.m. until 1:00 p.m. He especially thanked and complimented Mildrilyn Davis and her staff for all their efforts on a job well done.

Other Members of Council and the City Manager participated in the discussion on this issue. Everyone was very pleased. Vice Mayor Donley suggested the staff should talk to the School Board about working with realtors.

ORDINANCES AND RESOLUTIONS (continued)

22. Second Reading and Final Passage of AN ORDINANCE to prohibit the placement of graffiti on public and private property, and to provide for the removal of graffiti by property owners. (Mayor Ticer) (#21 4/22/95; #16 4/11/95) (ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/9/95, and is incorporated herewith as part of this record by reference.)

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WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the substitute ordinance, as amended. The voting was as follows:

Euille "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker absent

The substitute ordinance, as amended, reads as follows:
ORDINANCE NO. 3794
AN ORDINANCE to add a new Chapter 12 (GRAFFITI ABATEMENT) to Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the City Council of Alexandria finds and determines that:

1. The placement of graffiti on public and private property constitutes a public nuisance, the incidence of which is increasing.

2. The failure of owners, managers and occupants of property promptly to remove graffiti from their property also constitutes a public nuisance.

3. Graffiti on public and private property is a blighting influence which damages property and depreciates its value and the value of adjacent property.

4. Graffiti on public and private property is inconsistent with the city's aesthetic standards.

5. Unless graffiti is promptly removed from public and private property, the incidence of graffiti tends to proliferate, with other property becoming the object of graffiti.

6. Graffiti on public and private property tends to breed community discontent, contempt for public and private property rights, and criminal activity.

7. While the owners, managers and occupants of the property on which graffiti is placed are the victims of graffiti, it remains the duty of these individuals to remove graffiti from their property as soon as reasonably possible.

8. The expenditure of public funds to remove graffiti on public and private property, as authorized in this ordinance, is a public purpose.

9. Adoption of this ordinance is necessary to assist in preventing and controlling the further spread of graffiti in the City of Alexandria.

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10. For the foregoing reasons, and in light of all other facts and circumstances of which the council may take notice as the legislative body of the City of Alexandria, adoption of this ordinance is necessary and desirable to promote the general welfare of the city, and the safety, health, peace, good order, comfort and convenience of the citizenry; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Title 11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Chapter 12, to read as follows:
CHAPTER 12
Graffiti Abatement
Sec. 11-12-1 Definitions.
The following terms, as used in this chapter, shall have the meanings set forth below:

(a) "City manager" shall mean the Alexandria city manager, or her designee.

(b) "Graffiti" shall mean writings, drawings, inscriptions, figures or marks of paint, ink, chisel, chalk, dye and other similar substance, or flyers, bills and similar materials, which have been placed on public or private property without the permission of the owner, manager or occupant of the property.

(c) "Placement of graffiti" shall include any form or act of drawing, painting, scrawling, writing, marking, inscribing, scratching, gluing, posting or otherwise affixing graffiti to public or private property.

(d) "Public or private property" shall mean the exterior surface of any building, or any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, or any article of street furniture, utility or public service equipment, or other personal property located outdoors, whether owned by a public entity or by a private person or entity.

Sec. 11-12-2 Graffiti nuisance prohibited.

(a) The placement of graffiti on any public or private property is declared to be a public nuisance and is prohibited.

(b) The failure of any property owner, manager or occupant of public or private property to remove or effectively obscure graffiti which has been placed upon property under such person's ownership or control, within 30 days after the service of notice as provided in this chapter, is declared to be a public nuisance and is prohibited.

Sec. 11-12-3 Abatement of graffiti nuisance.

(a) Notice and opportunity to abate. Whenever the city manager becomes aware of the existence of graffiti on any public or private property, the city manager shall give, or cause to be given, written notice to remove or effectively obscure such graffiti to the owner, manager or occupant of the property. Such notice may be served by personal service or certified mail, and shall be complete upon delivery or mailing. Such notice shall direct the recipient to remove or effectively obscure such graffiti within 30 days of the date of the notice, and shall inform the recipient that, in the event of failure to comply, the city manager may enter upon the
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property and remove or effectively obscure such graffiti, and recover the costs thereof, in the manner provided in this chapter. Prior to the issuance of a notice under this subsection, the city manager shall contact the owner, manager or occupant of the affected property and attempt to obtain the commitment of such person to remove the graffiti within a reasonable period of time. Only in the event no such commitment is made or, if made, the commitment is not honored may the city manager proceed to issue a notice under this subsection.

(b) Abatement by city. If the owner, manager or occupant of the property upon which graffiti has been placed fails to remove or effectively obscure the graffiti within 30 days from service of the notice described in subsection (a), the city manager may enter upon the property and remove or effectively obscure the graffiti.

(c) Costs and liens. In the event the city manager has removed or effectively obscured the graffiti, the city manager shall, except as provided in subsection (d), bill the recipient of the notice described in subsection (a) for all expenses incurred by the city in abating the nuisance, including without limitation all administrative and personnel expenses and materials used. In the event the bill shall remain unpaid for a period of 30 days from the date of the bill, the city attorney may, on behalf of the city, sue the recipient of the notice in a court of competent jurisdiction to recover all expenses incurred by the city in abating the nuisance and all attorneys' fees and costs incurred by the city in enforcing this chapter and collecting such expenses. In addition to or in lieu of suit, the city attorney may record a lien in the public land records against the subject property, which lien shall be for such expenses, fees and costs, shall bear interest from the date of recordation at the legal rate, shall constitute a lien superior to all other liens except for state taxes, and may be enforced in the same manner as real estate tax liens.

(d) Hardship exception. The city manager shall provide by regulation for the waiver of the imposition of costs and liens against the recipient of a notice given pursuant to subsection (a) in such cases of hardship as may be defined in the regulations. At minimum, such regulations shall provide (i) that a person eligible for exemption or deferral of real estate tax pursuant to article L, chapter 2, title 3 of this code, and (ii) that a low income person as defined in section 7-2-3 of this code shall be eligible for a hardship exception. The costs of graffiti removal by the city in cases where the hardship exception applies shall be paid out of general revenues.

(e) Waiver of liability. The failure of the recipient of a notice given pursuant to subsection (a) to comply with the notice shall be deemed a waiver of any claim by or on behalf of the recipient or, if different, the owner of the property against the City of Alexandria for damage to the property arising out of the work of removing or obscuring the graffiti.

Sec. 11-12-4 Materials.

In no case shall the city manager be required to clean, paint or repair any more extensive area than where the graffiti is located. Nor shall the manager be required to restore the area to its original condition (e.g., color, texture).

Sec. 11-12-5 Penalties.

(a) Any person who commits a violation of section 11-12-2(a) shall be punished as provided in section 13-1-19 of this code or in sections 18.2-137 or 18.2-138 of the Code of Virginia, 1950, as amended.

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(b) Abatement of the nuisance by the city as provided in section 11-12-3 shall be the sole remedy for the violation of section 11-12-2(b).

Sec. 11-12-6 Restitution by perpetrator.

In addition to any fine or sentence imposed under section 11-12-5(a), the court shall order the person convicted to make restitution to the owner, manager or occupant of the property upon which the graffiti has been placed, for the damage or loss caused directly or indirectly by the violation, in a reasonable amount and manner to be determined by the court.

Sec. 11-12-7 Exemptions.

This chapter shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on streets, sidewalks or other paved surfaces which are used in connection with traditional children's activities, such as drawings or bases for kickball, handball, hopscotch and the like, or to prohibit markings placed on public or private property by the authorized representative of the city or a public utility to indicate the location of service lines and facilities.

Section 2. That this ordinance shall become effective on July 1, 1995.

Introduction: 4/11/95
First Reading: 4/11/95
Publication: 4/12/95; 4/13/95
Public Hearing: 4/22/95
Second Reading:. 5/9/95
Final Passage: 5/9/95



23. Consideration of Local Governing Body Approval of ARHA Issuance of Tax-Exempt Bonds to Finance the Acquisition and Rehabilitation of Buckingham Village Apartments (Villages 8, 9, 10, 11 and a Portion of 12) in Arlington County, Virginia. (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 5/9/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution approving the Alexandria Redevelopment and Housing Authority (ARHA) issuance of up to $34.1 million in tax-exempt bonds for the acquisition and rehabilitation of 512 rental apartment units at Buckingham Village Apartments (Villages 8, 9, 10, 11 and a portion of 12) by Pershing Drive Associates, L.P. The voting was as follows:

Cleveland "aye" Donley "aye"
Rich "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker absent

The resolution reads as follows:


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RESOLUTION NO. 1742

WHEREAS, the Alexandria Redevelopment and Housing Authority, pursuant to and in accordance with a duly adopted Bond Inducement Resolution, has agreed to use its best efforts to assist Pershing Drive Associates, L.P., a Virginia limited partnership (or any successor thereto or any other similar entity as may be formed by Arlington Housing Corporation and Paradigm Development Company, Inc., or by affiliates thereof, respectively, as joint venture partners in connection with the below-described Project) (the "Owner"), in connection with the acquisition of 524 rental apartment units, twelve of which units will be demolished by Arlington County to accommodate a proposed extension of Quincy Street, and the rehabilitation and equipping of the remaining 512 rental apartment units, 230 of which (45%) will be reserved for occupancy by, and designated as affordable to, households with incomes at or below 60% of area median income, as determined by the United States Department of Housing and Urban Development which project is now and thereafter will be known as the Buckingham Village Apartments (the "Project"), and in particular, to undertake the issuance of its Revenue Bonds in an amount not to exceed $34,100,000, upon terms and conditions to be mutually agreed upon by and between the Authority and the Owner (the "Bonds"), and to loan the proceeds of the Bonds to the Owner for the purpose of financing the project, pursuant to a loan agreement which will provide for the repayment of the Loan in amounts sufficient to pay the principal, premium, if any, and interest on the Bonds (the "Loan"); and

WHEREAS, the Alexandria Redevelopment and Housing Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia, duly created pursuant to the Virginia Housing Authorities Law, Chapter 1, Title 36, Code of Virginia of 1950, as amended (the "Act"); and

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of bonds shall approve the issuance of such bonds; and

WHEREAS, the Authority operates within the jurisdiction of the City of Alexandria, Virginia (the "City"), and the Alexandria City Council (the "City Council") constitutes the highest elected governmental body of the City; and

WHEREAS, in accordance with federal law, a public hearing was duly noticed fourteen days in advance of, and conducted on, April 17, 1995, for consideration of the proposed financing of the Project; and

WHEREAS, a copy of the Authority's Bond Inducement Resolution, adopted by the Board of Commissioners of the Authority at a public hearing held on April 17, 1995, and approving the issuance of the Bonds, has been filed with the City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA:

1. The City Council hereby approves the issuance of the Bonds by the Authority, and the loan of the net proceeds therefrom, after the costs of issuance, to the Owner, to the extent such approval is required by Section 147(f) of the Code and the Act, to permit the authority to assist in the financing of the Project.




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2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds as to the creditworthiness of the Project, the Owner, or the Bonds. As required by Section 36-39 of the Act, the Bonds shall provide that they shall not be or constitute a debt of the Commonwealth of Virginia or any political subdivision thereof, including the City of Alexandria or the Authority. Neither the Commonwealth of Virginia nor any political subdivision thereof, including but not limited to the City of Alexandria or the Authority, shall be liable for any payment of principal; premium thereon, if any, and/or interest which may be due on the Bonds, and in no event shall the Bonds be payable out of any funds or properties of the Commonwealth of Virginia or any political subdivision thereof, including but not limited to any funds or properties of the City of Alexandria or the Authority, and the Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction; provided, however, that repayment of the Bonds, including principal, premium thereon, if any, and/or interest, may be secured by a pledge or pledges by the Authority of such of its property as it may expressly designate and pledge for the purpose of securing payment of the Bonds.

3. This Resolution shall take effect immediately upon its adoption by the City Council.

OTHER

(A copy of the City Manager's memorandum dated May 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 5/9/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council received the updated Council calendar, which includes the changes made at the April 25 Council meeting and the addition of the June 9-11 Alexandria Red Cross Waterfront Festival and the Saturday, June 10, 10:00 a.m. commissioning of the United States Navy ship USS Firebolt at the Robinson Terminal. The voting was as follows:

Pepper "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker absent







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CONTESTED APPOINTMENTS

(The following persons volunteered for or were recommended for appointment to the above Commission:)

Kevin Quinn

James Greene, III

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 25; 5/9/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Kevin Quinn as a Member of the Business Community having an interest and concern with the problems of young people to the Alexandria Youth Services Commission. The voting was as follows:

Ticer - Quinn
Donley - Quinn
Cleveland - Greene
Euille - Quinn
Pepper - Quinn
Rich - Greene
Walker - absent



REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

26. Consideration of Request From the Virginia Secretary of Commerce and Trade Regarding the Feasibility Study of Locating an International Convention and Exposition Center in Northern Virginia. (Mayor Ticer)

(A copy of the City Manager's memorandum dated May 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 5/9/95, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a vote of 5-to-0-to-1, City Council (1) designated three Members of Council (Councilman Euille, Council Members Rich and Walker) for consideration by Secretary Skunda for appointment to the State task force; and (2) transferred $10,000 from FY 1995 contingent reserves (account #103556-2707) for the City's share of consultant services to conduct the necessary economic and feasibility studies. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "abstained"
Ticer "aye" Rich "aye"
Walker absent

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously by all those present, at 9:40 p.m., the Regular Meeting of Tuesday, May 9, 1995, was adjourned. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker absent


APPROVED BY:


_____________________________
PATRICIA S. TICER MAYOR





ATTEST:


_____________________________
Beverly I. Jett, CMC, City Clerk



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This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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